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Andhra Pradesh Court January 2012 Judgments

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Jan 20 2012

Gowri Shankar Vs. J.L.Babu and Another

Court: Andhra Pradesh

Decided on: Jan-20-2012

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.4458 o20. 01-2012 Gowri Shankar J.L.Babu and another ^Counsel for the petitioner: Mr.P.Ramachandran !Counsel for the respondents: --- Cases referred:2010. (5) ALD 79.Order: This Civil Revision Petition arises out of Order, dated 29-08-2011, in IA.No.1711 of 2010 in OS.No.1401 of 2007, on the file of the Court of the learned V Senior Civil Judge, City Civil Court, Hyderabad. I have heard Sri P.Ramachandran, learned Counsel for the petitioner, and perused the record. The petitioner is defendant No.1 in OS.No.1401 of 2007 filed by respondent No.1 for specific performance of an agreement of sale. The petitioner has been resisting the suit mainly on the plea that respondent No.1/plaintiff has forged his signature on the agreement of sale. The petitioner has earlier filed IA.No.1011 of 2008 with a request to send the disputed signatures for comparison with his admitted signatures, to the handwriting expert for his opinion...


Jan 20 2012

M/S. Shriram City Union Finance Ltd., Ku Vs. S.Mohan Rao S/O S.Venkate ...

Court: Andhra Pradesh

Decided on: Jan-20-2012

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.4811 o20. 01-2012 M/s. Shriram City Union Finance Ltd., Kukatpally and another S.Mohan Rao S/o S.Venkateswarlu and another Counsel for the petitioners: Sri O.Udaya Kumar, representing Sri K.Maheswara Rao Counsel for the respondents: --- Order: This civil revision petition is filed by the defendants in O.S.No.3665 of 2010, which was filed by the respondents for permanent injunction. The petitioners filed I.A.No.54 of 2011 in the Court of X Junior Civil Judge, City Civil Court, Hyderabad, under Order VII, Rule 11 of C.P.C for rejection of plaint in view of the provisions of Sections 5 and 8 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'). The said application having been rejected, the petitioners filed the present civil revision petition. 2. At the hearing, Sri K.Maheswara Rao, learned counsel for the petitioners, submitted that on receipt of notice dated 05-8-2010 of reference of dispute to an arbitra...


Jan 20 2012

P.G. Nagabhushan Vs. M/S Narne Constructions Pvt. Ltd.,

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2012

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellant applied for allotment of plot on 7-11-1992 and the respondent company allotted plot no.30 in the East City Residential Development Project at Bibinagar, Nalgonda. The appellant decided to pay the entire amount to avail discount of 20% and the respondent company fixed the cost of the plot at `20,000/- . Initially, the appellant paid a sum of `10,000/- and on 21-06-1996,the balance amount of `10,000/- to the respondent company. 2. The appellant contends that respondent company without making the full development of the venture, the respondent company started writing letters on 13-08-2004, 11-12-2004, 26-04-2005 demanding development charges and on 10-03-2006 the respondent company returned Rs.20,000/- by cheque dated 28-02-2006 on the ground that he failed to clear the dues. On 21.03.2006 the appellant expressed his intention to retain the plot and agreed to pay t...


Jan 20 2012

Janachaitanya Housing Ltd. Vs. Jamjam Krishna Kumari

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2012

R. Lakshminarasimha Rao, Member: Oral: 1. The opposite party is the appellant. The respondent filed complaint before the District Forum seeking direction to the appellant company to execute sale deed in respect of the plot bearing number 164 in Sai Vishnu, Phase-IIA, at Kottavalasa,Vizayanagaram District without insisting on for payment of additional development charges and in the alternative to pay an amount of Rs. 4,40,000 towards the present market value of the plot @ Rs. 2,000 per square yard, and compensation of Rs. 1,00,000 as also Rs. 10,000 towards costs. 2. The respondent entered into agreement with the appellant company to purchase plot No. 164 admeasuring 220 sq.yards in Sai Vishnu, Phase-IIA, at Kottavalasa Village and Mandal,Vizayanagaram. The cost of plot @ Rs. 350 is Rs. 77,000 and the amount is payable in 40 monthly instalments besides special instalments. The cost of the plot includes development charges. The scheme period commenced on 1.6.1999 and expired on 1.7.2002....


Jan 20 2012

Smt. Kambala Sandhya Vs. M/S. Sbi Life Insurance Company Limited and A ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2012

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.394/09 on the file of Dist Forum-II, Vsiakhapatnam, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainants husband Kambala Masenu who is working as a Khalasi in RINL, Visakhapatnam Steel Plant during his life time submitted a proposal to the opposite parties for obtaining insurance policy. The opposite parties, after necessary verification and medical examination, issued policy bearing no.160 02601 401, under Shield Plan ALevel Cover for a sum assured of Rs.3 lakhs, the date of commencement of the policy being 27.7.2006 and the complainant is the nominee under the said policy. The complainants husband paid the premiums by salary deduction to the opp.parties. The complainants husband died on 14.9.2008 at Seven Hills Hospital, Visakhapatnam. The complainant intimated the opp.parties in the month of October,2008 about the death of the policy holder a...


Jan 20 2012

K. Raji Reddy Vs. the Managing Director M/S Hyundai Motors India Ltd. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2012

Oral Order:(Per Sri R.Lakshmi Narasimha Rao, Honble Member.) 1. The appellant being not satisfied with the amount of `15,000/- awarded towards compensation by the District Forum, filed the appeal. The appellant had filed the complaint before the District Forum seeking replacement of car, damages and compensation. 2. The appellant purchased Verna CRDI SX model car on 2508-2007 from the third respondent. The first respondent is the manufacturer of the car and the second respondent is the Managing Director of the first respondent company. The appellant complained of peculiar noise the vehicle made when it is driven in third gear. The third respondent it would subside after the vehicle ran a distance of 1500 kms. The problems said to have persisted till 15.10.2007 which was brought to the notice of the third respondent through the complaint in the job card stated as shifting noise at road test, please check car gear, oil level and cables. The third respondent stated to have rectified the p...


Jan 19 2012

G. Sudhakar Rao, Vs. Ms. Bharat Heavy Plate and Vessels Ltd.,v

Court: Andhra Pradesh

Decided on: Jan-19-2012

K.G. SHANKAR, J.JUDGEMENT:1. The petitioner was an employee under the respondents. He was working as a Job Recorder by 23-08-1994. The petitioner initially joined the service in the respondents' organization on 06-06-1972 as Grade-IV Fitter.2. When his services were terminated by invoking clause 6 of the terms and conditions of the lien through orders dated 30-09-1999, the petitioner came up with this petition claiming that the order of the employer that the petitioner was deemed to have left the services of the respondent was incorrect and is liable to be set aside.3. The petitioner, as already pointed out was working as Job Recorder by 23-08-1994. The petitioner sought for lien for a period of four years to start his own industrial venture. Through office order dated 23-08-1994, the petitioner was granted lien for a period of four years.4. It is the case of the petitioner that on 26-08-1998, the petitioner sought for further lien for a period of three years and that the lien however ...


Jan 19 2012

K.Vijaya Bhaskar Reddy Vs. the Official Receiver of Entire Kadapa D

Court: Andhra Pradesh

Decided on: Jan-19-2012

C.V.Nagarjuna Reddy, J.Order:1. Feeling aggrieved by Order, dated 20-12-2007, in E.P.No.14 of 2007 in OP.No.7 of 2005, on the file of the learned II Additional District Judge, Kadapa at Proddatur, the present Civil Revision Petition is filed by the petitioner. The petitioner, who is a mortgagee, secured a decree for recovery of certain amounts from respondent No.2 in OS.No.7 of 2005. In order to execute the said decree, the petitioner filed EP.No.14 of 2007. While the said EP was pending, respondent No.2 instituted insolvency proceedings, under the provisions of the Provincial Insolvency Act, 1920 (for short 'the Act') in the Court of the learned Senior Civil Judge, Rayachoty, which was registered as IP.No.5 of 2002. The Court below, by its Order, which is assailed in this Civil Revision Petition, closed the EP on the ground that the Insolvency Petition filed by respondent No.2 is pending and that the petitioner shall appear before the Court, in which the Insolvency Petition is pending...


Jan 19 2012

Maloth Veeru @ Heeralal and Others Vs. Guguloth Mangi Wo. Balu

Court: Andhra Pradesh

Decided on: Jan-19-2012

C.V. NAGARJUNA REDDY, J.ORDER:1. The petitioners, who are the defendants in O.S.No.108/2009 filed by the respondent, filed this Civil Revision Petition feeling aggrieved by the order dated 23-12-2009 in I.A.No.146/2009 in O.S.No.108/2009 on the file of the learned Sub-Divisional Magistrate (Mobile Court), at Bhadrachalam (for short "the lower Court").2. The petitioners and the respondent have competing claims with respect to Ac.0-26 guntas of land in Chunchupalli village, Kothagudem Mandal, Khammam District (for short "the suit property"). While it is the case of the petitioners that they have become the lawful owners of the suit property having purchased the same under registered sale deed dated 19-8-2009 executed by its lawful owner, the respondent pleaded that it is her self-acquired property and that she is in possession of the same. In support of the plea of the respondent, she has filed pahanies from the years 1999-2000 upto the year 2008-2009. The petitioners have also filed pah...


Jan 19 2012

Mohd. MohsinuddIn Vs. the Government of A.P., Rep. by Its Prin

Court: Andhra Pradesh

Decided on: Jan-19-2012

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITON NOs.25583 of 2010, 1708, 17915, 17922 AND 1793.OF 201.31-01-2012 V. Narasimha Rao The Government of Andhra Pradesh, Industries & Commerce Department, Secretariat, Hyderabad rep., by its Secretary and seven others. Counsel for the petitioner: Sri Kambhampati Ramesh Babu Counsel for respondents : G.P. for Mines & Geology G.P. for Industries & Commerce G.P. for Revenue Sri P. Kamlakar Sri S. Sri Ram Sri Andapalli Sanjeev Kumar Addl. Advocate General Citations:1. (1982) 2 SCC 44.2) (2010) 10 SCC 32.3) (1998) 1 SC4. (2008) 3 SCC 54.5) (1996) 6 SCC 58.6) 2011(3) ALD 68.(DB) 7) 2001(4) SCC 53.8) 2003(1) SCC 69.9) AIR 199.SC 174.10) AIR 196.SC 167.11) (1984 (2) SCC 50.12) (2001)8 SCC 6.13) (2003)5 SCC 13.14) (2003)2 SCC 45.15) (2005)10 SCC 43.16) (2004)11 SCC 62.17) (1986 (4) SCC 74.18) AIR 199.SC 9.19) (2001)4SCC 13.20) (2001)3 SCC 73.21) (2001) 5 SCC 40.22) (2001)8 SCC 67.23) (2001) 8 SCC 54.24) (2004)7 SCC 59.25) (2007) 2 S...



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